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New protections for victims of stalking and harassment will also benefit domestic violence victims

New protections for victims of stalking and harassment will also benefit domestic violence victims

Keith Walsh Solicitor writes: 

New protections for victims of stalking/harassment and domestic violence introduced 

This new law introduced on 2 September 2024 allows a person to get an Order from the civil [not criminal court] to stop the other person [respondent] from using or threatening to use violence against, molesting or putting in fear the person, from following or communicating by any means with or about the person; approaching, within such distance as the court shall specify, the place of residence, education or employment of the person; engaging in such other forms of relevant conduct as the court specifies provided: 

there are reasonable grounds for believing that the respondent has engaged in relevant conduct towards the applicant or, where relevant, a person connected to the applicant, and the making of the order is, in all of the circumstances, necessary for, and proportionate to, the purpose of protecting the safety and welfare of the applicant.[1]

Relevant conduct means conduct engaged in, without lawful authority or reasonable excuse, by the respondent towards the applicant or, where relevant, a person connected to the applicant, that would reasonably be considered likely to cause the applicant—

(a) to fear that violence will be used against the applicant or person, or

(b) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.[2]

Relevant conduct also includes, without prejudice to the generality of (a) and (b) in the previous paragraph, the following: (a) following, watching, monitoring, tracking or spying upon a person; (b) pestering a person (c) impersonating a person; (d) communicating with or about a person; (e) purporting to act or communicate on behalf of a person; (f) disclosing to other persons private information in respect of a person; (g) interfering with the property (including pets) of a person; (h) loitering in the vicinity of a person; (i) causing, without the consent of the person, an electronic communication or information system operated by a person to function in a particular way.[3]

Civil Orders made under the  2023 Act appear to be based on the protective orders under the Domestic Violence Act 2018. The 2023 Act contains similar provisions to the 2018 Act in relation to variation or discharge of Civil Orders[1], protection against cross examination by applicant or respondent[2], requirement for the Court to give reasons for certain decisions[3], taking effect of Civil Orders[4], copies of orders to be given to certain persons[5], jurisdiction being District or Circuit Court[6], hearing of proceedings to be in camera[7], special sittings of District Court where no District Court sitting[8], evidence to be permitted through television link for civil proceedings in certain circumstances[9], right to be accompanied in certain circumstances[10].

The creation of an offence for breach of a Civil Order which carries a penalty, on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months[11] and the powers of arrest without warrant[12] granted are also similar to those provided for under the 2018 Act.  The prohibition on publication or broadcast of certain material relating to the offence created is also similar[13].

Section 15 of the Domestic Violence Act 2018 currently permits the Court when hearing an application under the 2018 Act, to hear applications under section 11 of the Guardianship of Infants Act 1964, sections 5 , 5A, 5B, 6 , 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976, section 5 or 9 of the Family Home Protection Act of 1976, the Child Care Act of 1991 or section 30, 34 or 45 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.  Section 82(a) of the 2023 Act, permits the Court when hearing an application under the 2018 Act, to hear applications under Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 ie to hear an application for a Civil Order. This provides further additional civil law options for victims of domestic violence

Keith Walsh

keith@kwsols.ie

Solicitor & Senior Counsel

Mediator, Collaborative and Family Lawyer

KEITH WALSH SOLICITORS LLP

Office: 00 353 1 455 4723

W:     www.kwsols.ie


[1] Criminal Justice (Miscellaneous Provisions) Act 2023 s29

[2] Criminal Justice (Miscellaneous Provisions) Act 2023 s32

[3] Criminal Justice (Miscellaneous Provisions) Act 2023 s33

[4] Criminal Justice (Miscellaneous Provisions) Act 2023 s34

[6] Criminal Justice (Miscellaneous Provisions) Act 2023 s36

[7] Criminal Justice (Miscellaneous Provisions) Act 2023 s37

[8] Criminal Justice (Miscellaneous Provisions) Act 2023 s38

[9] Criminal Justice (Miscellaneous Provisions) Act 2023 s39

[10] Criminal Justice (Miscellaneous Provisions) Act 2023 s40

[11] Criminal Justice (Miscellaneous Provisions) Act 2023 s44

[12] Criminal Justice (Miscellaneous Provisions) Act 2023 s44

[13]Criminal Justice (Miscellaneous Provisions) Act 2023 s46

 

[1] Criminal Justice (Miscellaneous Provisions) Act 2023 s28(3)

[2] Criminal Justice (Miscellaneous Provisions) Act 2023 s27(2)

[3] Criminal Justice (Miscellaneous Provisions) Act 2023 s27(3)